"Poster Child: How Terrance Williams became the face of the death penalty debate in Pennsylvania." Andrew Cohen has this essay online today at The Marshall Project.Posted at 08:06 AM by Howard Bashman

Thursday, February 26, 2015

"Future of 'mental anguish' law at stake in federal court": The Associated Press has a report that begins, "Mumia Abu-Jamal, who's serving a life term for the 1981 murder of a Philadelphia police officer, is among the plaintiffs asking a federal judge to block a Pennsylvania law they say violates prisoners' free-speech rights."Posted at 08:02 AM by Howard Bashman

Thursday, February 26, 2015

"Obamacare defense is tailored for key Supreme Court justices": David G. Savage has this article in today's edition of The Los Angeles Times.

"BP appeals U.S. judge's ruling on size of Gulf oil spill": Reuters has a report that begins, "BP Plc on Monday appealed a federal judge's finding of the size of the 2010 Gulf of Mexico oil spill, which leaves the company potentially liable to pay $13.7 billion in fines."Posted at 10:32 AM by Howard Bashman

Wednesday, February 25, 2015

"Federal judge indicates he intends to allow eight released from prison in Amish beard-cutting case to remain free": The Cleveland Plain Dealer has this report.Posted at 10:30 AM by Howard Bashman

Wednesday, February 25, 2015

Access online today's rulings of the U.S. Supreme Court in argued cases: The Court today issued two rulings in argued cases.

1, Justice Ruth Bader Ginsburg announced the judgment of the Court and delivered an opinion, in which Chief Justice John G. Roberts, Jr. and Justices Stephen G. Breyer and Sonia Sotomayor joined, in Yates v. United States, No 13-7451. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment. And Justice Elena Kagan issued a dissenting opinion, in which Justices Antonin Scalia, Anthony M. Kennedy, and Clarence Thomas joined. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in North Carolina State Bd. of Dental Examiners v. FTC, No. 13-534. Justice Alito issued a dissenting opinion, in which Justices Scalia and Thomas joined. You can access the oral argument via this link.

"High Court Appears Ready to Allow Felon to Sell Gun Collection; Decision in the case, Henderson v. U.S., is expected before July": Jess Bravin of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

"Supreme Court Receptive to Investors in 401(k) Case; Justices suggest appeals court was wrong in Edison suit": Brent Kendall of The Wall Street Journal has this report. You can freely access the full text of the article via Google.

Unaddressed are two major issues. First, was it a violation of professional principles to allow Schindler to write briefs so bad that they would prejudice his case? Schindler obviously had no idea that his briefs were utterly terrible, and as Schindler's lawyer, Shipley had the duty to counsel him they were, mildly-put, inadvisable. Shipley had two previews of this bad writing in the Circuit and his explanation that the Circuit did not take offense simply does the answer the direct question of Shipley's own professional responsibility to his client.

Secondly, it is clear that Shipley materially aided Schindler in the unauthorized practice of law, issuing the petition under his, not Schindler's signature. In this light, it was a grievous lack of candor to simply acknowledge in a footnote that Schindler "should be recognized for his significant contributions to this Petition." Moreover, argumentation, whether live or in briefs, is uniformly restricted to licensed attorneys, and the Petition is a prime example of what happens when the inmates rule the asylum.